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Gpi MT 103 Cash Transfer Auiomatic Direct

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2023

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SWIFT GPI MT 103 CASH TRANSFER AUIOMATIC DIRECT ACCOUNT(M0).EG.1B

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 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

SWIFT GPI MT 103 CASH TRANSFER AUTOMATIC

DIRECT ACCOUNT (M0)

PARTNERSHIP AGREEMENT
No. AVSA- XXXXX-GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT
ACCOUNT (M0)100B-000000
Between

AVANTULO S.A.
AS INVESTOR
&

EG GROUP PRODUCT AND SERVICE CO., LTD

AS DEVELOPER

PARTY-A: Page 1 of 18 PARTY-B:

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 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

This Deed Of Agreement on investment and nancial co-operaon (hereinaer referred to as the
Agreement No.: AVSA - XXXXX GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)100B-
000000 with the volume of investments €1,000,000,000.00 (OneBillion Euro), with rolls and
extensions (R&E) are entered into this 15 th MARCH , 2023 by and between the following pares:
Party-A:

AVANTULO S.A.
Company Name :
AVANTULO TOWERS I, II, II & SOHO CENTRE CALLE 50, BANK DISTRICT
Company Reg. Address :
– PANAMA CITY, PANAMA
20051
Company Reg. No :

Represented By : FRANCIS ANTHONY JANKAUSKAS

HB504392
Passport Number :
27 OCT 2014
Date Of Issue :
27 OCT 2024
Date Of Expiry: :
CANADA

Save
Country Of Issue :

Hereinaer referred to as the “SENDER/ INVESTOR “

BANK COORDINATES OF THE ISSUING / SENDER BANK

Bank Name : DEUTSCHE BANK AG

Related titles
Bank Address : TAUNUSANLAGE 12 D-60254 FRANKFURT AM MAIN GERMANY


Account Name : AVANTULO S.A.

Sort Code : 9854.1723.849.2015

IBAN : DE60500700100361982244

SWIFT Code : DEUTDEFFXXX

Bank Ocer : FRANK KURTZ

Bank Ocer Email : XXXXX

Tel &Fax : XXXXX

GPI Code : DEUTDEFF

“FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN”

PARTY-A: Page 2 of 18 PARTY-B:

 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

And
Party-B:

Company Name : EG GROUP PRODUCT AND SERVICE CO., LTD

168/72 NAKNIWAT ROAD, LAT PHRAO SUB-DISTRIC,
Company Reg. Address :
LATPHRAO DISTRICT, BANGKOK. 10230 THAILAND
Company Reg. No : 0505554000938
Represented By : MISS PAKKAPORN PHATTANALIAMPAIBOON
Passport Number : AC2345634
Date Of Issue : 10 FEB 2021
Date Of Expiry: : 9 FEB 2026
Country Of Issue : THAILAND

Hereinaer referred to as the “RECEIVER / DEVELOPER “

BANK COORDINATES OF THE ISSUING / RECEIVER BANK

Bank Name : SIAM COMMERCIAL BANK PCL
Bank Address : 9 RATCHADAPISEK RD., JATUJAK BANGKOK 10900 BRANCH CODE:0111
Account Name : EG GROUP PRODUCT AND SERVICE CO., LTD
Account Number : 111-2011376-840 / (USD)
: SICOTHBK

SWIFT GPI Code

: SICOTHBK

SWIFT Code

: MR. PATTANA PUNGKAEW

Bank Ocer

PARTY-A: Page 3 of 18 PARTY-B:

 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

: pa[email protected]

Bank Ocer Email

: +66 2 544 3488

Tel &Fax

“FUNDS ARE CLEAN AND CLEAR, OF NON-CRIMINAL ORIGIN”

Now therefore INVESTOR and DEVELOPER are collecvely referred to as the “PARTIES”

RECITAL,

PARTY-A is ready, willing and able to a fund a series of projects in Government, Public and Private
sector in Asian Countries in the form Cash funds via Party B.

PARTY-B is a well-established in Thailand and is exploring to branch out to other business

opportunies in Europe, Africa and Asian countries in both Public and private sector. PARTY B has
already a very mature client base in Europe, Africa, Asia and Middle Eastern countries.

NOW, THEREFORE, it is agreed as follows:

WHEREAS, PARTY-A represents and warrants that he has the resource to arrange through his banks to
issue Cash funds via SWIFT GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)

. Party A hereby declares with full responsibility that the provided funds are good, clean, clear and free
of any criminal origin, and cleared of all liens, encumbrances.

PARTY B desires to obtain such funds, to invest into trading plaorm and or expand to other respecve
lucrave Business opportunies for the mutual benets of both the pares.

THE PARTIES HEREBY AGREE TO THE FOLLOWING:

1. DETAILS OF TRANSACTION:

Type Of Transacon : SWIFT GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)

Total Face Value : €1,000,000,000,000.00 (BILLION EURO) WITH R & E

First Tranche : €500,000,000.00 (FIVE HUNDRED MILLION EUROS)

PARTY-A: Page 4 of 18 PARTY-B:

 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

Other Tranches : TO BE AGREED

Issuing Bank : DEUTSCHE BANK
Sender: : 70%

Receiver: : 25+2.5+2.5%

Intermediaries: : Sender Side 2.5% / Receiver side 2.5%.

Delivery: : SWIFT MT103 TT CASH TRANSFER
SWIFT MT103 same day value, Three banking Days aer Authencaon
Payment :
and vericaon SWIFT MT 103 TT CASH TRANSFER

2. PROCEDURE:
2.1. Party-A & Party-B both sign & execute the Joint Venture Investment Agreement. This Investment
Agreement, which thereby automacally becomes a full commercial recourse contract.

2.2. Aer accepng and successful vericaon and authencaon of “Condional Bank Endorse
Corporate Payment Guarantee Leer” by the Party-A, within Five (5) banking days, Party-A delivers
the rst tranche of funds via SWIFT GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)

and the Party-A sends below documents to the Party-B’s.

✔ Screen Shot with

✔ Remiance Advice
✔ Debit note
✔ GBS Receipt
✔ Balance Sheet
2.4. The Party-B's bank complete download and is fully responsible for blocking funds at the Party-B's
account for full redistribuon for re-investment purposes via SWIFT MT103(T/T) full payment within
three (3) banking days aer transfer the funds of cash, according to the condions of the Agreement.

2.5. Within three (3) banking days the Party-B’s bank remits re-investment to the Party-A's and
Intermediaries nominated bank accounts on IMPDA and based on “Bank Endorse Corporate Payment
Guarantee Leer” issued by the party-B’s bank. Upon compleon of the distribuon of funds through
the bank wire transfers to the respecve receiving beneciary accounts stated in IMDPA, the Party-B
shall then send the transfer proof (copy SWIFT) via email to all beneciaries.

2.6. Next tranche shall be repeated from arcle No. 2.2 to No. 2.5. All subsequent tranches will be
based on this procedure unl collateral or funds become exhausted.

2.7. Any Unauthorized Bank Calls, Probes Or Communicaons, Or An Improper Solicitaon Or

Disclosure Involving Any Of The Banks Concerned In This Transacon Will Result Immediate
Cancellaon Of This Transacon And Subject The Violang Party To Damages.

3. DECLARATION
PARTY-A: Page 5 of 18 PARTY-B:
 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

PARTY-A's Statement:

PARTY-A represents and warrants that PARTY A is the legal owner of the cash funds which are clean
clear funds of non-criminal origin, levy-paid and legally earned AND ARE FREE OF ANY LIEN AND
ENCUMBRANCES.

By execuon of this DOA, PARTY-A represents and warrants that PARTY-A is giving to PARTY-B full legal
authority to receive cash funds for investment in Party B ‘s projects at its own will and wish.

PARTY-A hereby agrees and conrms that the “ANEXXURE A” executed along with this DOA is an
integral and indivisible part of this DOA which cannot be amended or changed once executed by both
pares. Yet any Execuves in the Annexure B has full rights to amend or delegate their shares of the
investment funds to another party or pares by wrien instrucon to PARTY B and duly notarized.

PARTY-B's Statement:

PARTY-B will make pre-arrangements at its Fiduciary Bank and the necessary lings with the Local
Authories concerned to sasfy all compliance and regulatory requirements to ensure the success of
this transacon. PARTY-B makes arrangements to meet all tax obligaons in relaon with this
transacon before disbursement of Dividend.

PARTY-B hereby agree and conrm that the “ANEXXURE A” executed along with this DOA is an integral
and indivisible part of this Investment Agreement which cannot be amended or changed once
executed by both pares. Yet the Execuves in the ANNEXURE A have full rights to amend or delegate
the investment funds to another party or pares in wring and duly notarized.

All investment remiance by PARTY-B's Paymaster Bank will be SWIFT MT103 TT CASH TRANSFER
cash funds with no lien and encumbrances, ready for investments and reinvestments.

4. MISCELLANEOUS:
4.1. The implementaon of this Agreement shall be carried out by persons who have full
authorizaon.
4.2. This Agreement shall be binding to the benet of each party’s respecve Successors and
permied Assigns. No other person shall acquire or have any right under or by virtue of this
partnership agreement
4.3. This Agreement shall NOT be subjected to any changes, either orally or modied, amended, or
supplemented without an expressed wrien agreement executed by the other party hereto.
4.4. This Agreement has been prepared in 2 (two) copies, based on the mutual consent of the Pares,
one of which will be kept by the SENDER, the other one by the RECEIVER. Each of which shall be
deemed as original.
4.5. If one part of the Agreement becomes void, the remaining part of the Agreement is sll valid.
4.6. If one of the Pares changes its legal address and bank details, the other Party should be
immediately informed about.

PARTY-A: Page 6 of 18 PARTY-B:

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 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

4.7. The informaon and noces to be submied by the Pares should be in wring.
4.8. Any annexes and addendums that may follow will be considered as integrated and binding parts
of this DOA as long as it will bear the same above coordinates of this transacon.
4.9. HOLD HARMLESS PROVISION: Upon counter-signing this Agreement, all the consultants and or
intermediaries shall have no liability whatsoever towards the Pares, neither the authories, nor the
governmental bodies, on account of default under this Agreement by the Pares. No person except
the Pares shall be liable under any theory of Agreement, strict liability, negligence, misrepresentaon
or other legal equitable theory for any loss of damage of any nature incurred by the Pares and their
consultants or intermediaries in the performance of the Agreement between the Pares. Consultants
or Intermediaries shall not be liable to either Party, individually or collecvely for any special,
incidental or consequenal (indirect) or conngent damages such as but not limited to violaon of
local or Internaonal Rules and regulaons as well as loss of prot, loss of opportunity, loss of
business, etc. wherever applicable.

5. DOCUMENTATION AND FILINGS

Both pares agree that details of the investment projects will be documented by separate agreements
and led individually with local authories as legally required.

6. ENFORCEABILITY
This AGREEMENT constutes the legal, valid and binding obligaon of such party enforceable in
accordance with its terms.

7. NO CONFLICT
The execuon and delivery of this Agreement by it and the consummaon of the transacons
contemplated hereby by it do not conict with or contravene the provisions of its organizaonal
documents or any agreement or instrument by which it or its properes or assets are bound or any
law, rule, regulaon, order or decree to which it or its properes or assets are subject.

8. ASSIGNMENT
Neither PARTY A nor PARTY B can assign this Agreement to any other third party. This Agreement is
strictly a binding contract between the two PARTIES.

9. AMENDMENT
This AGREEMENT cannot be amended, altered or modied except upon the unanimous and notarized
wrien consent of both PARTY A and PARTY B. Yet neither PARTY A and PARTY B is empowered to
amend or modify ANNEX B which is IRREVOCABLE, or would they be allowed to cancel, make any
amendments or modify this Agreement in part or in whole, which will result in changes that will aect
or alter the rights and/or interests of the beneciaries spulated in ANNEX B of this Agreement.

10. NON CIRCUMVENTION & NON DISCLOSURE

The pares herein agree the Non-circumvenon/Non-disclosure rules of all issues from ICC, and the
latest edion shall apply to the transacon with extensions and rollovers if any for a period of (5) ve
years from the date of execuon of this agreement by the undersigned, his/her assigns, agents,
and/or heirs. All details of transacon must be kept as condenal

11. FORCE MAJEURE

PARTY-A: Page 7 of 18 PARTY-B:

 PARTNERSHIP AGREEMENT ON THE DELIVERY VIA
SWIFT GPI MT 1O3 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT(M0)
AGREEMENT NO.: AVSA- EGPS GPI MT 103 CASH TRANSFER AUTOMATIC DIRECT ACCOUNT (M0)
1B-150323
DATE: 15thMARCH, 2023

WHEREAS the Pares hereto with full corporate responsibility, under the penalty of perjury, undertake
that they will upon the execuon of this Agreement, complete its contractual obligaons, except on
circumstances of force majeure. Neither Party to this Agreement shall be responsible for Breach of
Contract caused by an act of God, Civil Insurrecons, Military War Operaon or local Emergency. The
Pares hereby accept the Provisions on the “FORCE MAJEURE” as dened by ICC, Publicaons.

12. ARBITRATION
The Pares agree to sele any dispute arising between them on an amicable manner. In the event of
failure to an amicable selement, the Pares agree to submit any irreconcilable to ICC oce in
Geneva, Switzerland, by three arbitrators appointed in accordance with ICC rules.

13. AGREEMENT EXECUTION

Each party to this Agreement represent that it has Full Legal Authority to execute this Agreement and
that each party agrees to be bound by the Terms and Condions set forth herein. Each party agrees
that this Agreement shall be executed simultaneously by and between Pares via Email which shall be
deemed as Original. All statements made by either party are under penalty of perjury. This Agreement
shall become eecve upon execuon by the Pares hereto.
Annex B will be documented by separate riders. The terms and condions of this agreement will apply
to the transacon contemplated in such annexes. These annexes will constute an inseparable part of
this Investment Agreement and will remain legally binding on both pares once executed.

EDT (ELECTRONIC DOCUMENT TRANSMISSIONS)

EDT (Electronic document transmissions ) shall be deemed valid and enforceable in respect of any
provisions of this Contract, and as applicable, this Agreement shall incorporate:
U.S. Public Law 106-229, Electronic Signatures in Global and Naonal Commerce Act'' or such other
applicable law conforming to the UNCITRAL Model Law on Electronic Signatures (2001); • ELECTRONIC
COMMERCE AGREEMENT ( ECE/TRADE/257, Geneva , May 2000) adopted by the United Naons
Centre for Trade Facilitaon and Electronic Business ( UN/CEFACT); and EDT documents shall be
subject to European Community Direcve No.95/46/EEC, as applicable.

Either Party may request hard copy of any document that has been previously transmied by
electronic means provided however, that any such request shall in no manner delay the Pares from
performing their respecve obligaons and dues under EDT instruments.

PARTY-A: Page 8 of 18 PARTY-B:

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